JAI SHREE AGRO INDUSTRIES LTD Vs. PANIPAT ROADLINES REGD
LAWS(DELCDRC)-2006-2-1
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 13,2006

JAI SHREE AGRO INDUSTRIES LTD Appellant
VERSUS
PANIPAT ROADLINES REGD Respondents

JUDGEMENT

- (1.) APPELLANT booked goods with the respondent -firm for transportation from Delhi to Samalkha through 11 GRs between 1.7.1998 and 16.9.1998. The total cost of the goods as per invoice was Rs. 1,64,125. The consignments were a self -consignment and were, therefore, to be delivered to the appellant itself.
(2.) COMPLAINT of the appellant alleging that the respondent did not deliver the consignment as per instructions and instead delivered them without retirement of the documents by the invoicee, was dismissed vide impugned order dated 17.5.2000 on the ground that possibility of the appellant having given verbal instructions for delivery of the consignment to the invoicee parties without production of the GRs cannot be ruled out. Through this appeal the appellant has assailed the impugned order mainly on the ground that he did not give any verbal instructions and the respondent failed to produce any evidence or documentary proof and even otherwise as per the terms of the contract, the consignment was to be delivered to the invoicee only on retirement of the documents.
(3.) IT is pertinent to mention at this stage that there was internal arrangement by way of invoicee parties that the cost of the consignment used to be credited directly in the accounts of the appellant by way of this arragement. One bank draft of Rs. 14,000 was received on 14.9.1998 whereas four cheques of Rs. 25,000, Rs. 50,000, Rs. 50,000 and Rs. 40,000 received on various dates were dishonoured. Be that as it may and even proceeding on the presumption that the appellant might have verbally instructed the respondent for delivering the consignment without retirement of the documents, still the fact remains that there is written term between the parties and, therefore, change of instruction of such kind should also be obtained in writing. Therefore, in view of the cost of the consignment which is more than Rs. 1,64,125 and the fact that there was a written contract in the form of GR, fresh instructions could not be oral and in case of urgency may be through fax message other any kind of communication. Thus, the act of delivering the consignment comes within the definition of deficiency in service as defined under Section 2(1)(g) of the Consumer Protection Act, 1986.;


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